Via Certified Mail #:		Via Certified Mail #:
To	Robert A. Byrne, President	To:	Ronald Croner, Registered Agent
	Howell of Gary Tractor &		Howell of Gary Tractor &
	Equipment Co., Inc.		Equipment Co., Inc.
	1901 East Pratt Blvd.		480 Blaine Street
	Elk Grove Village, Illinois		Gary, Indiana 46406

NOTICE OF VIOLATION

Case No. 2004-14300-W

Based on an investigation conducted from June 2004 through June 2005, with inspections on June 8, 2004 and June 9, 2004, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Howell of Gary Tractor & Equipment Co., Inc. (“Respondent”) has violated environmental rules, statutes, and its permit. The violations are based on the following:

1. The Respondent owns and operates a heavy equipment retail sales store, repair shop, and equipment steam cleaning unit, located at 480 Blaine Street, in Gary, Lake County, Indiana (the “Site”).

2. The Respondent is authorized by National Pollutant Discharge Elimination System (“NPDES”) Permit Number IN0058513 (the “Permit”) to discharge wastewater from its equipment steam cleaning unit, in accordance with the terms and conditions of the Permit, from Outfall 001, into the Grand Calumet River, via an unnamed drainage ditch. The Respondent’s equipment steam cleaning unit is not a wastewater treatment facility.

3. Pursuant to 327 Indiana Administrative Code (“IAC”) 5-2-8(1) and Part II.A.1 of the Permit, the Respondent is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and Indiana Code (“IC”) 13 and is grounds for enforcement action or permit termination, revocation and reissuance, modification, or denial of a permit renewal application.

4. Pursuant to Part I.A.1 of the Permit, the Respondent is required to comply with effluent limitations contained in Part I.A.1 of the Permit.

5. Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

6. Pursuant to 327 IAC 5-2-8(1) and Part I.A.1.[1] of the Permit, samples for carbonaceous biochemical oxygen demand (“CBOD”), total suspended solid (“TSS”) interim limits, and oil & grease, shall be taken once at any time during each of the four annual quarters, as outlined in the Permit: January-February-March; April-May-June; July-August-September; and October-November-December.

7. Pursuant to 327 IAC 5-2-8(1) and Part I.A.1.[1] of the Permit, samples for pH and TSS final limits shall be taken monthly. The June 9, 2004 inspection report indicates that the Respondent failed to collect monthly samples for pH and TSS final limits from February 2002 to June 2004. The Respondent performed only quarterly monitoring for pH and TSS, during the period of February 2002 to June 2004, in violation of IC 13-30-2-1, 327 IAC 5-2-8(1) and Part I.A.1.[1] of the Permit.

8. Discharge Monitoring Reports (“DMRs”) submitted by the Respondent for the period from July 2002 to January 2005, reveal that the Respondent failed to comply with the effluent limitations contained in Part I.A.1.[1] of the Permit as follows:

a. The effluent limitation for TSS, as reported by the Respondent, was violated during the following sampling periods:

March 2004

June 2004

July 2004

September 2004

November 2004, and

January 2005

b. The effluent limitation for CBOD was violated during the following sample periods:

4^th Quarter 2002,

1^st Quarter 2003,

3^rd Quarter 2003,

4^th Quarter 2003,

1^st Quarter 2004,

2^nd Quarter 2004

3^rd Quarter 2004, and

4^th Quarter 2004

c. The effluent limitation for oil and grease was violated during the following sample periods:

4^th Quarter 2002, and

1^st Quarter 2003

The Respondent's failure to comply with effluent limitations contained in the Permit is in violation of IC 13-30-2-1, 327 IAC 5-2-8(1), Parts I.A.1 and II.A.1 of the Permit.

9. Pursuant to Part II.C.1.(b) of the Permit, and 327 IAC 5-2-8(10)(F), the permittee shall give notice to the commissioner as soon as possible of any planned physical alterations or additions to the permitted facility. In this context, permitted facility refers to a point source discharge, not a wastewater treatment facility. Notice is required when the alteration or addition could significantly change the nature of, or increase the quantity of, pollutant discharge. This notification applies to pollutants that are subject either to effluent limitations in Part I.A. of the Permit or to notification requirements in Part II.C.10 of this permit (and 327 IAC 5-2-9, for notification of toxic substances). Following such notice, the permit may be modified to revise existing pollutant limitations and/or to specify and limit any pollutants not previously limited.

10. The Respondent failed to notify IDEM during the permit application process of its use of wax, which discharges through Outfall 001, and is a significant change to the nature of the discharge to waters of the state, in violation of Part II.C.1.(b) of the Permit, and 327 IAC 5-2-8(10)(F).

11. Pursuant to Part I.C.2 of the Permit and 327 IAC 5-2-15(a), the Respondent is required to submit monitoring reports to IDEM containing results obtained during the previous month, postmarked no later than the 28^th day of the month following each completed monitoring period. These reports are to include, but not necessarily be limited to, the DMRs.

12. Pursuant to 327 IAC 2-4-1, a person, firm or corporation that operates a municipal, industrial, commercial or agricultural waste treatment plant control facility or discharges wastewaters to the waters of the state of Indiana shall submit to the Commissioner monthly reports of operation (“MROs”), which shall include flow measurements and wastewater characteristics.

13. The Respondent failed to submit MROs for the months of September, October and November, 2003; February, April, May, August, October, and November, 2004; and February, March, and April, 2005; in violation of 327 IAC 5-2-8(1), Part I.C.2 of the Permit, 327 IAC 5-2-15(a), Part I.B.3 of the Permit, and 327 IAC 2-4-1.

14. Also during the past three years, IDEM’s records indicate that the Respondent monitored TSS final limits, (as required by Schedule “D” in the Permit) and pH, on a quarterly basis. The Respondent failed to monitor TSS final limits and pH monthly and submit the information on the MROs, as required by Part I.C.2 of the Permit, 327 IAC 5-2-15(a), and 327 IAC 2-4-1.

15. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge.

16. For the period of July 2002 to July 2005, the Respondent failed to report any discharge without a permit events to IDEM. However, inspections conducted on June 9, 2004 documented the presence of sand in the ditch at the outfall pipe, which evidences the occurrence of discharge without a permit events, in violation of 327 IAC 5-2-2, 327 IAC 5-2-8(11)(D)(i), and Part II.A.7 of the Permit.

17. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:

(A) that will settle to form putrescent or otherwise objectionable deposits;

(B) that are in amounts sufficient to be unsightly or deleterious;

(C) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

(D) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and

(E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly or other wise impair the designated uses.

18. Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment.

19. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.

20. During IDEM’s inspection on June 8, 2004, it was observed that the Respondent was discharging untreated process wastewater from the Respondent's equipment wash facility into an unnamed ditch that flows to the Grand Calumet River, waters of the state, in violation in violation of 327 IAC 2-1-6(a)(1), and thus violating IC 13-30-2-1(1) and IC 13-18-4-5.

21. Pursuant to Part I.C.7 of the Permit, records shall be retained for three (3) years at the permitted facility.

22. According to the June 9, 2004 inspection, it was noted that that required discharge monitoring records were not on-site, in violation of Part I.C.7 of the Permit.

23. Pursuant to Part II. B.1 of the Permit and 327 IAC 2-1.5-8, the Respondent is required, at all times, to maintain all facilities, in good working order and operate all facilities as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants.

24. On June 9, 2004, a representative of IDEM observed poor effluent quality and evidence of solids in the receiving stream, in violation of Part II. B.1 of the Permit and 327 IAC 2-1.5-8.

25. Pursuant to 327 IAC 5-2-12 and Part I.D of the Permit, contains a schedule of compliance requiring the Respondent to meet the Permit effluent limitations.

1. The permittee shall achieve compliance with the effluent limitations specified for TSS at Outfall 001 in accordance with the following schedule:

c. The permittee shall submit a written progress report to the Compliance Evaluation Section of the Office of Water Quality (“OWQ”) nine (9) months from the effective date of this permit . . . the final limits for TSS will become effective, but no later than 24 months from the effective date of this permit.

To date, the Respondent failed to submit a written progress report to OWQ and remains in violation of 327 IAC 5-2-12 and Part I.D.1.a of the Permit.

d. If construction is required to meet the new effluent limits, initiation of construction shall commence no later than eighteen (18) months from the effective date of this permit.

From IDEM’s records review, the Respondent is unable to meet the Permit limits. The Respondent failed to construct a wastewater treatment facility for its equipment wash facility process wastewater discharge to meet effluent limits on or after July 2003, in violation of 327 IAC 5-2-12 and Part I.D.1.b of the Permit.

e. Construction shall be completed within twenty-three (23) months from the effective date of this permit. The permittee shall submit a written progress report to the Compliance Evaluation Section, OWQ when construction has been completed.

f. The Respondent failed to construct a wastewater treatment facility for its equipment steam cleaning unit process wastewater discharge to meet effluent limits on or after July 2003 and/or notify IDEM of completion of construction of a wastewater treatment facility, in violation of 327 IAC 5-2-12 and Part I.D.1.c of the Permit.

g. Within thirty (30) days of completion of construction, the permittee shall file with the Industrial NPDES Permit Section of OWQ a notice of installation for the additional pollutant control equipment and a design summary of any modifications.

The Respondent failed to construct a wastewater treatment facility to meet effluent limits on or after July 2003 and/or notify IDEM of completion of construction of a wastewater treatment facility, in violation of 327 IAC 5-2-12 and Part I.D.1.d of the Permit.

h. The permittee shall comply with the final effluent limitations for TSS no later than twenty-four (24) months from the effective date of this permit.

On or after February 1, 2004, TSS final limits became effective with monthly monitoring and reporting required. The Respondent did not comply with this schedule, in violation of 327 IAC 5-2-12 and Part I.D.1.e of the Permit.

2. If the permittee fails to meet any of the above actions in the foregoing schedule by more than fourteen (14) days, the permittee shall submit a written notice of noncompliance to the Compliance Evaluation Section of OWQ stating the cause of noncompliance, any remedial action taken or planned, and the probability of meeting the remaining terms of the schedule.

26. The Respondent failed to maintain compliance with the Permit and therefore remains in violation of IC 13-30, IC 13-18, 327 IAC 2, and 327 IAC 5.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than 60 days.

As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

If an Agreed Order is not entered into within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

Please contact Aletha Lenahan at (317) 232-8407, within 15 days after receipt of this Notice to discuss resolution of this matter.

	For the Commissioner:
Date:______________	(signed August 24, 2005)
	Matthew T. Klein
	Assistant Commissioner for
	Compliance & Enforcement

Enclosure

cc:	Lake County Health Department (Cover Letter & NOV Only)
	http://www.state.in.us/idem (Cover Letter & NOV Only)